State ex rel. Patrick v. Chicago, Burlington & Quincy R'y Co.
Supreme Court of Iowa
Appeal from Mills Oirmit Gov/rt. Action of mandamus to compel tbe defendant to construct and maintain a crossing at a place where its road is crossed by a highway. The relief ashed by the plaintiff was granted, and tlie defendant appeals.
1Opinion of the CourtSeevers, J.
The highway in question in this case was established after tbe defendant had constructed its road, and the only question to be .determined is whether the highway *136has been lawfully established; and this depends on the question whether the defendant was entitled to notice other than by publication of the proposed establishment of the highway. The defendant is a foreign corporation, but it has at all times had station or ticket agents within the county. The notice contemplated in section 936 of the Code was not served on any of the defendant’s officers or agents, but was published as therein…
2Cases cited1 opinion
- Wilson v. HathawaySupreme Court of Iowa · 1875
3Cited by3 opinions
- McKinney v. BakerSupreme Court of Iowa · 1896
- Chicago, Rock Island & Pacific Railway Co. v. EllithorpeSupreme Court of Iowa · 1889
- State v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1890